Requesting Possession After Lease Expiration

My question involves an eviction in the state of: Missouri

Hey everyone!

I have a slightly unique situation. I was served on Thursday regarding past due rent from June of 2011. I read the affidavit and I have issue with two things. The first thing is the plaintiff states they attempted to collect the rent on multiple occasions but I refused. At no point in June did they attempt to collect the rent, nor at any point did I refuse. Simply I couldn't afford to pay rent. They chose to terminate the relationship at the end of my lease and I had to pay to rent a new place. Having a roof over my head is far more important than any bill.

The main issue I have with the affidavit is it asks for possession of the property if I don't pay on the court date of July 13. The lease expired on June 30, so possession shouldn't be an issue at all.

I don't deny I owe the back rent, and I'm not attempting to get around what I owe. I just don't want an eviction on my record when technically I'm not being evicted as the lease ended and I already moved out.

I have severe agoraphobia (fear of not being able to leave) and know I could not for the life of me go to court without having a panic attack. I'd like to avoid court at all costs because of my anxiety. I also will not have the money by the time court rolls around. My wages are being garnished for medical bills and the garnishment doesnt expire until next month.

What would your suggestions be for me in this case. Thanks for your time.

If they say, "Can you pay the rent," and you respond, "No, I can't afford it," that's their trying to collect and your refusing to pay.

If they already have possession, then you're right - it's a formality.

You are free to discuss with your landlord what it will take for them to dismiss their action. Don't be surprised if the answer is, "Pay us the money you owe."